论英美法上的雇主责任

雇主责任是指雇主为其雇员的侵权行为承担的间接责任。英美法在其判例中确立的雇主责任制度颇有特色 ,它把确定雇员身份、确定工作过程作为雇主承担责任的前提条件 ,如果是雇主和雇员共同侵权 ,双方就应承担共同责任。这对我国确立雇主责任制度是有现实意义的

On Employer's Responsibility of Law in Britain and the United States

There is no regulation concerning a master's liability in the special tortsecti on of The General Principle of the People's Republic of China. In judicial prac tice, there are no unified approaches controlling the liability of a servant's tort during his course of employment and the doctrine of the liability. Thus, a diversity of the doctrines of liability arise as to the doctrine of non-negligen ce liability, the doctrine of negligence liability as well as the doctrine of th e presumption of negligence liability added by the doctrine of fairness .The vic arious liability in the Common Law is unique and predominant, and it will surely beneficial to us to probe into this system.